Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-04-01
Governor Ross Uses His Veto Power
for the First Time Sustained by
the House--BiIIs Signed.
COmptrOlIers's Ruling in Regard to
Mutual Aid SOcieties-PrOceedings
in the Judge Willis Case.
George a. Mccall of Wea herford Judge of
the New District of wise, Parker
and Palo Pinto Counties.
JUDGE OF THE NEW DISTRICT.

AUSTIN, TEX, March Ex-Governor
Ross to day appointed George a. Mccall
OF Weatherford Judge of the new district
of Wise, Parker and Palo Pinto counties,
subject to ratification by the Senate.
THE LAW RELATIVE TO sHERIFFs.
a bill came up for consideration in the
House during the N orning session to
amend the law relative to fees allowed
sheriffs. The most important feature of
the bill is the one that provides that when
an officer goes beyond the limits of the
state after fugitive, on Tequisition from
the Governor, he shall be allowed the
same fees and mileage as for like service
IN this state. Alter considerable discus
sion the bill passed.
THE GOVERNORS FIRST VETO.
Governor Ross, first veto was read in
the House this morning. 1t embodied
his reasons for refusing to sign House
bill l30,amending article 43I of chapter 3,
title 7, of the Criminal Code of Procedure,
which reads: Article 43l. An informa-
ton shall not be presented by the district
or county attorney until oath has been
made by some creditable person charging
| the defendants with an offense, or until
the statement or statements of one or
more witnesses made under Osth and
| signed byisaid witness or witnesses, show
Ing that an Offense has been committed,
nave been filed with such district or
county attorney, andany district or county
attorney shall have power to administer
| any oath in regard to the commission OF
any Offense and to issue suOpRnas and
attachments to compel persons to appear
| before him.
! The substance of the Governors rea
| sons for sending in his veto to the bill is
that the bill is viOlatiVe of the spirit Of
| the constitution. The issuance of at
| tachments on witnesses pertains to the
! Judicial power alone, and all attachments
are defined in our Code of Criminal Pro.
cedure as Writs issued by clerk OF
| court, or by magistrate, or by
the foreman OF grand jury in any
criminal action or proceeding authorized
| by law, commanding some peace officer
to take the body of a witness and bring
him before said court, magistrate or
grand jury on day named, or forthwith
to testify in behalf of the state or the de-
PENDANT as the case may be. This bill
would vest the authority of the district or
county attorney, who is properly an eX-
ecutive officer, 10 issue attachments with
out limitation, and without any regard
whatsoever upon his own pleasure, under
which writs the citizen may be seized by
peace officers and transported from his
home and business and confined
| by them IN jail in order
to testify to some offense, real or imagi-
nary, about which he is supposed to pos
| sess some knowledge. Under our laws
very guarded restrictions and regulations
are imposed on our courts IN the issuance
of this writ, especially when the witness
is desired by the defendant, and there are
no good reasons why the limitations OF
the constitution should be stretched to
invest an officer whose functions are ex-
eCutive with q power so dangerous, be-
sides what recourse would the district or
county attorney have IN cases of reCalCi-
trant wi nesses after the attach
ment had performed its functions,
if the witness should refuse
to testify when brought before the attOr-
ney? The Law is silent as to the 8pplCa-
ton of the remedy, and the witness CO uld
refuse to testify with perfect impunity
and in defiance of the officer issuing the
writ.
The House refused to pass the bill over
the veto, accepting the reasons given by
the Governor as sufficient why the bill
should not become law.
THE BOND OF GUARDIANS.
a bill to amend the Revised Statutes
relative to the conditions OF a guardians
bond came up in the House during the at
ternoon session. 1t requires that the
bond of the guardian of the estate of a
ward shall be in an amount equal to
double the estimated value of the personal
properly, and the annual revenue derived
from such estate, payable to the county
Judge Of the county where such guardian
ship is pending. When the sale Of real
estate is ordered it shall be of the proper
ty which the court may deem most advan-
tageous to the estate to be sold, and the
court shall order the guardian TO file s
special bond in an amount equal to double
the value of the property ordered to be
sold. After lengthy debate the bill was
lost by striking out the enacting clause.
CONTROLLERS RULING.
The Comptroller ruled to-day that mu-
tual aid associations organized un-
der a system of mutual assessments
with fees of membership from
each person who joins, and an
additional sum to be paid into the treasury
when a member dies to the widow or fam
lily CT the deceased, if it be only q local
society and issues no insurance policies,
that such an organization would De purely
benevolent and charitable, and would not
be subject to an occupation tax as life
insurance company.
EXECUTIVE OFFICE.
The Governor signed the following bills
to-day:
Senate bill No. 320, to fix the time for
holding courts in the Sixteenth Judicial
district, and to elect district judge and
district attorney therein.
Senate bill No. 250, an act to amend
chapter 4, title 20, Revised Civil Statutes.
House bill No. $50, an act to repeal
chapter 95 of the General Laws OF the
Sixteenth Legislature.
Senate bill Ne. PSF, to define and pro-
hibit "blind tigers"
House bill No. 81, requiring railway